Ethics and Governance

“The entire legal system was built upon the assumption that people would have adequate representation. When they don’t, the system fails, and the laws don’t matter.” – Shari Redstone

In this article Naman Lohiya has reopened the discussion on the powers of national federations as well as the importance of sporting dispute settlement mechanisms in India.
It will take you down the memory lane to Rio 2016, when Sushil Kumar and Narsingh Yadav were involved in a murky selection controversy. The dramatic saga of Narsingh Yadav’s doping battle that ensued is not unknown to anyone. It has almost been two years since this dispute, but the problems in the administration of doping agencies, national federations and sports dispute settlement mechanisms that surfaced then, still persist.

“A beautiful balance is what is required between holding on and letting go in the game of kabaddi”

In sports as in life, Kabaddi teaches us many valuable lessons. No wonder in just a matter of 4 years, PKL has gripped the nation in its fervour. PKL auction, 2018 was certainly one of the most speculated pre-sporting events in the country. This blogpost by Rishika Mendiratta explains the law and economics behind the PKL player auction.

“The time will come when men such as I, will look upon the murder of animals as they now look upon the murder of men.” – Leonardo Da Vinci

In the previous post it was explained why despite several state enactments, bull racing events were unconstitutional and illegal in India. This article by Sakshi Pawar (Part II of the series discussing a ban on all animal sports) touches upon bull racing/bullfighting events that occur all around the world, especially in Spain and Brazil. The reasons for choosing Spain and Brazil as comparative case studies is that both situations involve a conflict between culture and prevention of animal cruelty as well as the question of state autonomy clashing with the central legislature. These aspects are similar to the questions of legality raised regarding bull racing in India (AWBI v. A Nagaraja case).

“The question is not, Can they reason?, nor Can they talk? but, Can they suffer? Why should the law refuse its protection to any sensitive being?” – Bentham

In 2014, the Supreme Court of India delivered the judgement of AWBI v A. Nagaraja which banned all bullock races in India on account of cruelty towards animals. The judgment left no stone unturned to ensure “Species Best Interest” and laid down the very fundamentals of animal rights jurisprudence in India. Despite its ironclad judgment which struck down all legislation permitting bullock races, states such as Tamil Nadu, Maharashtra and Karnataka have enacted unconstitutional laws in an attempt to continue this traditional sport. This article by Sakshi Pawar which analyses the illegality of these races (the judgement and their subsequent questionable legalisation), is one in a three-part series which advocates the banning of cruelty in animal sports all across the world.

By Sakshi Pawar and Rishika Mendiratta (Founder and Managing Editor at KhelAdhikar)

As we go past celebrating another National Sports Day, we can be positive about the future of Indian sports. There have been various initiatives by the government and the private players alike to help India become a greater sporting nation.

However there is still a pertinent grey area with respect to legalization of betting and gambling in sports. In light of the constitution of the Law Commission to decide its fate, the article makes an attempt to analyse the importance of an imminent regulation on the legalization of betting and gambling in the country

In the current times, India has been marked by the constant frictional interaction of religion and politics. The first half of the year 2017 began with the uproar over the Jalikattu issue. It highlighted the importance of certain festivities embedded in the culture. Come second half, and we are all set to witness, the Supreme Court’s decision on the guidelines of Dahi Handi celebrations. This article by Rishika anaylses the SC guidelines and the aftermath of the decision in terms of practical implementation.

It is beyond doubt that the recognition and integration of all genders in today’s society is an absolute must. This also indicates the importance of, in particular, the inclusion of transgender persons in all realms of sports. The sacrosanct Olympic Charter speaks volumes of basic fundamental rights in modern sport: “without discrimination of any kind such as race, colour, sex, sexual orientation”. Based on the authoritative principles of the Olympic Charter it is deemed that the world of sport must do everything in its power to eradicate any sort of discrimination which is in violation of fundamental human rights. However, this is easier said than done; there are innumerous debates and issues regarding the topic of transgender in sex-segregated sports. This article analyses whether the guidelines issued by sport organisations for transgenders can be reformed to pave way for greater inclusivity.

Technology has been intrinsic to the development and advancement of Sports, much like it has in other aspects of life. From changing the shape and material used in tennis rackets to make them more effective or developing lighter, more accurate football boots to implementing video referees in various disciplines, technology has changed the dimensions of sport. Sports Engineering is a term that is frequently used to describe the technological advances that have helped facilitate a sport and challenge the limits of human performance. Vinay Narayan’s article discusses technology, which certainly seems to have a cherished place in sports.

This article analyses Rule 40 of the Olympic Charter which impinges on the thin line between upholding the ethical values of the event and its inclination towards over-commercialization. It was passed in 1991 in order to prevent the unofficial sponsors from unauthorised association with the games which might jeopardise the interests of the event in terms of earnings as well as brand value.

The quote by Mae West, -“The score never interested me, only the game”, aptly summarises the fight against doping in sport. Every revelation about an athlete who had indulged in doping, whether, it was Ben Johnson, Lance Armstrong, Tyson Gay or Maria Sharapova, has saddened and angered the fans and competitors alike. If the Garica Report in 2014 revolutionised the world of FIFA governance by exposing corruption, the Richard Mclaren Report in 2016 about Russia’s organised doping scandal has raised some unprecedented questions and has paved way for a greater change to combat this menace. This article by Rishika looks at WADA and the world doping scenario.